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© moments in the life of an author scholarly publications and relevant legal actions Wilma Mossink 21 October 2005.

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Presentation on theme: "© moments in the life of an author scholarly publications and relevant legal actions Wilma Mossink 21 October 2005."— Presentation transcript:

1 © moments in the life of an author scholarly publications and relevant legal actions Wilma Mossink 21 October 2005

2 structure of my talk basics of copyright and the good things about it; distinctive moments scholarly publication and the relevant legal acts; © toolkit; conclusions.

3 basics about © difference common law & civil law; exclusive right; economic rights; moral rights; originality needed for © protection; no registration needed; term of ©.

4 good things about © changing all the time; complex issue; package of balances; bundle of rights; allocation of rights for optimal accessibility.

5 distinctive moments determination of © ownership; collecting, selecting information; publishing; making available otherwise; preservation.

6 determining ownership author is first owner; work made for hire/made in the course of employment/werkgeversauteursrecht; copyright policy.

7 collecting information sources most of time © protected; licence to use sources; possible exceptions.

8 publishing process agreements underlie process; agreements important for balance and responsibilities stakeholders involved in scholarly publications.

9 making available repository, education & future reuse; permission rightsholder needed for making available; magic year of 1997; several licences in circulation.

10 preservation copyright legislation not always sufficient; permission needed from rightsholder.

11 © toolkit checklist key needs author & publisher;

12 key needs author publication/dissemination/accessibility; educational/instructional use; research uses; personal use; future reuse; preservation; protection of IPR and moral rights.

13 © toolkit checklist key needs author & publisher; provisions for agreements; tailor made agreement; model agreement.

14 model agreement licence; definitions differ slightly from definitions now used in publishing agreements; author retains right to put published article on an institutional repository; possible embargo with maximum of 6 months.

15


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